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Milk fortifier products and cow’s milk-based baby formulas, such as Enfamil and Similac, can largely increase the risk of low birth weight and premature babies developing NEC. However, the good news is that Similac and Enfamil Lawsuit supply compensation for those whose babies are diagnosed with NEC and sent to the NICU. Read this post from WhichChoose for more information!
Overview of Baby Formula NEC Lawsuits
Similac and Enfamil are two well-known infant formulas marketed as effective and safe for preterm infants. Consequently, the baby formula is usually fed to low birth weight infants or preemies in the hospital or NICU before discharge. Yet, milk-based products, such as Similac and Enfamil, have been related to NEC (necrotizing enterocolitis) among preterm babies, which can cause severe injuries, lifelong health complications and death.
The Status Of The Enfamil And Similac Lawsuits
The aim of baby formula NEC lawsuits is against Mead Johnson (producer of Enfamil) and Abbott Laboratories (producer of Similac).
One of the first cases was a Similac NEC lawsuit filed in May 2021 by the parents of a preterm infant born in April 2019, who died 16 days later. The lawsuit claims that Similac led to NEC, and the producer failed to sufficiently alert about the risk.
A lot of plaintiffs accuse the producers of deceptive marketing, noticing that they use free samples, coupons, and confusing information to trick moms into believing their infant formula items are safe, and employ advertising campaigns which find dissuade criticism of the fact that their items are less safe than breastfeeding despite scientific evidence aiding such criticisms.
In August 2021, a federal judge refused an attempt by Abbott Laboratories to completely reject a wrongful death lawsuit filed, verifying two questions to the Connecticut state Supreme Court that are linked to the claims for failure to alert about the relation between NEC and Similac.
On February 17, Abbott informed a recall of some Similac and other infant formula items produced at its’ Michigan facility because of salmonella contamination and cronobacter related to some infant illnesses and at least two baby deaths. Lawsuits have hit this company, and a senate inquiry over evidence it knew about the pollution months before the recall was informed.
The U.S. JPML (Judicial Panel on Multidistrict Litigation) is expected to hear arguments over whether all Enfamil and Similac NEC lawsuits should be firm before one judge for multidistrict litigation or pretrial proceedings as part of an MDL in the following months.
On April 8, 2022, the U.S. JPML released an order (PDF) building federal multidistrict litigation for the NEC formula lawsuit over Enfamil and Similac, transferring claims to U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois. Judge Pallmeyer is expected to contact a series of early “bellwether” trials created to measure how injuries are likely to reply to specific evidence that will be repeated via the litigation.
The Link Between Enfamil and Similac and NEC
Research dating back over 30 years has set up that one of the leading causes of NEC in preterm babies is feeding them cow’s milk-based formulas (unlike human breastmilk).
In 1990, a study released in the Lancet sought that preterm infants fed cow’s milk- (or bovine-) derived baby formulas were between 6 and 10 times more likely to grow NEC than exclusively breast milk infants. Infants fed cow’s milk-based baby formulas as breastmilk products were three times more likely to increase NEC.
One meta-analysis of six studies relating to 869 premature babies suggested infants fed cow’s milk-based infant formula witnessed a 362% increased NEC risk compared to babies fed human breastmilk either from a human donor or the baby’s mother.
In May 2011, Johns Hopkins Medical Institutions’ study sought that preterm infants weighing less than 3.3 pounds fed human breastmilk were less likely to grow NEC than infants fed baby formula derived from cow’s milk. Elizabeth Cristofalo, M.D., a lead investigator, concluded, “The obvious differences in the risk of NEC, the need for surgery, NEC’s complications between infants who get human donor milk and those who receive formula signal the need for a change in feeding practices across NICU (Neonatal Intensive Care Units).”
Research released in May, 2022 edition of the journal Breastfeeding Medicine sought that preterm infants fed cow’s milk-derived formula saw a 4.2-fold increase NEC’s risk and a 5.1-fold increase NEC’s risk of surgery or death.
In the year of 2011, the U.S. Surgeon General released a Call To Action helping to breastfeed and cautioned, “For weak preterm babies, formula feeding is related to higher rates of NEC (necrotizing enterocolitis).
In spite of this knowledge, Similac and Enfamil infant formula producers have refused to warn medical professionals or parents about the NEC risks of cow’s milk-based formulas to infants born prematurely. The two companies keep marketing formulas derived from cow’s milk for premature babies.
Necrotizing Enterocolitis (NEC) Symptoms In Babies
Due to the high mortality rate for infants with NEC, it is crucial to be careful of the signs of NEC and act fast if you recognize them. Here are some symptoms and signs of NEC in infants including:
- Reduced activity (lethargy).
- Unstable temperature.
- Bloody stool.
- Poor tolerance of feeding (can not digest food).
- Swelling or bloating of the belly (abdominal distention)
- Greenish-colored fluid (bile) in their stomachs.
If your babies show any NEC symptoms, you need to consult a physician immediately.
Who Qualifies To File An NEC Formula Lawsuit?
You can file an NEC infant formula lawsuit if your baby was:
- Your babies are fed milk fortifier or cow’s milk-based formula.
- Your child was born preterm.
- Diagnosed with NEC (Necrotizing Enterocolitis), suffered from the serious stomach or intestinal issues, or have surgery to aid the issues.
- Even if this occurred many years ago, you might have a case. If your baby suffers, you have the right to prevent it.
If you are qualified, experienced infant formula lawyers can assist you in navigating the legal process at no cost to you and your family.
In conclusion, Similac and Enfamil don’t have any warning about the risk of NEC cow’s milk-based formulas to babies born prematurely. This causes some babies can be diagnosed with NEC and sent to NICU. WhichChoose hopes that Similac and Enfamil Lawsuit provides financial support to help your family care for their child better.
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